1993-03-15 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 359
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, March 15, 1993, at 9:30 A.M. in Courtroom 401 in
the New Hanover County Judicial Building, 4th & Princess Streets,
Wilmington, North Carolina.
Members present were: Commissioners Sandra Barone; WilliamA.
Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.;
Chairman, Robert G. Greer; County Manager, Allen O'Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Greer called the meeting to order and announced the
meeting room has been changed due to no electricity in the New
Hanover County Courthouse as a result of the weekend storm. All
persons present were welcomed.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Roger Horne, Pastor of Westminster Presbyterian
Church, gave the invocation.
vice-Chairman E. L. Mathews, Jr. led the audience ln the
Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer inquired as to whether anyone from the general
public would like to present an item not listed on the Regular
Agenda or comment on an item listed on the Consent Agenda.
The following item was presented.
Report on the Activities of the New Hanover County Commission for
Women
Ms. Brenda Junious, Chairman of the New Hanover County
Commission for Women, presented a report on the many activities of
the Commission for the past year. Emphasis was placed on the
special showing of "Don't Call Me Honey", portraits of women in
their work, and the progress that has been made in the acceptance
of women in all occupations. This event was co-sponsored by Cape
Fear Community College and Cape Fear Museum.
APPROVAL OF CONSENT AGENDA
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the Consent Agenda as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes
Facility Work Session held on February 24,
the Clerk to the Board.
of the Waste-to-Energy
1993, as presented by
Approval of Tax Collection Reports Through February 28, 1993
The Commissioners approved the following Tax Collection
Reports through February 28, 1993, as presented by the Collector of
Revenue:
New Hanover County Tax Collections
New Hanover County Fire District Tax Collections
Copies of the reports are hereby incorporated as a part of the
minutes and are contained in Exhibit Book XX, Page 23.
Release of Value - Tax Department
The Commissioners approved the following release of listing
penalties as the taxpayers certified they listed on time in another
county:
Donnee, John
Grimaldi, John
$10.68
$18.27
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 360
Riddick, Sid
Steuer, William T., Jr.
$10.08
$ 4.29
Appeal of Civil Penalty by David Merriman - Tax Department
The Commissioners upheld the Tax Administrator's
recommendation to assess the civil penalty to David Merriman for
failure to list his 1985 Volkswagen. The appellant was discovered
for not listing the vehicle in 1991 and again in 1992. As
previously enacted by the Board of County Commissioners, the civil
penalty should be charged on the second offense.
Adoption of Resolution Requesting Addition of Roads in Lansdowne
South to the State Highway System
The Commissioners adopted a resolution requesting the addition
of roads in Lansdowne South (Sections 3, 4, and 5) to the State
Highway System.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 23.
Authorization for Submission of Retired Senior Volunteer Program
(RSVP) 1993-94 ACTION Grant - Department of Aging
The Commissioners authorized the Department of Aging to submit
the Retired Senior Volunteer Program 1993-94 ACTION GRANT. This
grant supports funding for 800 volunteers working in 60 stations in
New Hanover County. The total cost of the program is $90,176 with
a County contribution of $42,634 and ACTION grant funding of
$47,542.
Authorization to Reclassify a Transcriber II position to a
Transcriber I position in the Department of Social Services
The Commissioners approved the reclassification of a
Transcriber II position in the Word Processing Unit of the
Department of Social Services to a Transcriber I position as
requested by the Director of Social Services and recommended by the
Human Resources Director. The incumbent in this position recently
resigned; therefore, in reviewing the duties of the position, it
has been determined that the responsibilities no longer require the
higher classification.
PRESENTATION OF NEW HANOVER COUNTY EMPLOYEE SERVICE AWARDS
Chairman Greer, on behalf of the Board, expressed appreciation
to the following employees for their dedicated service to New
Hanover County and presented appropriate service awards:
Name
David Butts
Ann Barkley
Joan Galloway
Annie Stalling
Joe McQueen
John Roggina
Adelaide Stanley
Department No. of Years
Management Information Systems 5
Department of Social Services 10
Library 10
Register of Deeds 15
Sheriff 20
Sheriff's Department 20
Health Department 20
The following persons were unable to attend and will be
forwarded service awards:
Janice Dailey
Linda Moore
Kenda Wigand
Faye B. Jacobs
Stevenson Rich
Betty McCorkle
Inspections Department
Department of Social Services
Department of Social Services
Department of Aging
Property Management
Health Department
5
5
5
5
10
10
ADOPTION OF RESOLUTION CONFIRMING THE SALE OF $5,040,000 GENERAL
OBLIGATION REFUNDING BONDS, SERIES 1993
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to adopt the resolution confirming the sale of $5,040,000 General
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 361
Obligation Refunding Bonds, Series, 1993.
CARRIED UNANIMOUSLY.
Upon vote, the MOTION
A copy of the resolution is hereby incorporated as a part of
the minutes and lS contained in Exhibit Book XX, Page 23.
PRESENTATION ON GLOBAL TRANSPARK, INC.
County Manager O'Neal introduced Nancy Stallings, Executive
Director of N. C. Global TransPark, Inc., to present a presentation
on the proposed project.
Ms. Stallings reported Global TransPark, Inc. (GTP, Inc.) was
created to assist the N. C. Air Cargo Airport Authority in
development of the N. C. Global TransPark. A Task Force composed
of Duplin, Lenoir, Craven, pitt, Wayne, wilson, Edgecombe, and Nash
counties have worked diligently to secure the Global TransPark for
eastern North Carolina. The Global TransPark will be a unique
combination of a computer age airport and transportation system
with a 21st Century manufacturing and distribution complex.
Manufacturing and distribution facilities will locate along the
taxiways at the airport or at plant sites near the airport. This
will enable products to be moved quickly on and off planes, in and
out of facilities, and from destinations across the country and
around the world. The corporation is a non-profit corporation
established in 1992 which has applied to the Internal Revenue
Service to be qualified under Section 501(c) (3). The corporation
has no shareholders and pays no dividends.
The major components of the TransPark are as follows:
-Computerized Central Cargo Complex
-Internal Automated Rail and Distribution Systems
-Transportation links with Railroads, Ports, and Highways
The building of the Global TransPark in Lenior County will
benefit all of North Carolina, especially eastern North Carolina.
In order to build this facility, cooperation among the state, local
governments, private sector and federal government will be
required.
The following lssues were presented:
CONTROL BY LOCAL GOVERNMENTS: Each participating county will have
one member on the Board of Directors of Global TransPark, Inc.
REVOLVING FUNDS: It is anticipated that funds received by the
Global TransPark, Inc. Foundation will be a revolving fund spent to
promote industry and repaid over a period of time.
FUNDING PROPOSAL FOR LOCAL GOVERNMENTS: The Global TransPark
Authority has suggested that $50 million would be needed to fund
the project. In addition to these funds, it is proposed that $30
million be raised from the private sector with $20 million from
local governments.
New Hanover County was requested to consider the following
requests:
-Adopt a resolution to request the N. C. Legislature to create
an Eastern Economic Development Zone. This zone would be a
regional compact consisting of participating counties which
would equate to a special taxing district and have the same
authority.
-Adopt a resolution requesting legislative authority to impose
a one-half cent sales tax for a period of twelve months, or a
one-cent sales tax for six months.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 362
-Contribution of $10,000 from New Hanover County as seed money
for the project.
Former N. C. Senator Henson Barnes reported on the economic
galn to eastern North Carolina, particularly to the Wilmington
State Port, by becoming a part of the Eastern Economic Development
Zone. Emphasis was placed on the thousands of jobs that will
locate at the TransPark and throughout the entire region due to
easy access to overseas markets for North Carolina companies. At
the present time, South Carolina and Arkansas have recently become
very interested in this type of facility; therefore, North Carolina
must move forward with the project. The Commissioners were urged
to participate in the project by contributing $10,000 and levying
a one-half cent sales tax for one year to be given to Global
Transpark, Inc.
Mr. Andy Anderson, a County Commissioner of Wayne County,
commented on the importance of competing in world-wide trade and
stated the Global Transpark would allow the State of North Carolina
to become a center for transporting goods to every country in the
world. The initial investment, including funds collected from the
sales tax, will be more than returned to participating counties
with the creation of jobs and economic growth that will occur from
this project. The Commissioners were urged to become a part of the
Eastern Economic Development Zone.
A lengthy discussion was held on levying a one-half cent sales
tax and the amount of funds that would be collected by New Hanover
County in comparison to other counties participating in the
proj ect. It is proj ected that New Hanover County (including
municipalities) would collect $7.5 million in the one-half cent
sales tax for one year with other counties collecting from $1.5
million to $3 million dollars.
Discussion was held on the composition of the Board of
Directors of Global TransPark, Inc. Senator Barnes reported on the
number of members that will be appointed from New Hanover County
representing the Board of County Commissioners, the State Port, and
uNC-Wilmington.
Commissioner Sisson expressed concern for rushing into this
matter and recommended postponing this item for further study of
the environmental impact and the amount of money to be invested by
New Hanover County. Concern was also expressed for hidden costs
and the types of products and industries that will locate in
eastern North Carolina which could negatively impact the estuarine
and primary nursery areas as well as air quality.
Ms. Stalling reported all environmental concerns have been
met.
Consensus: After further discussion of County needs and the amount
of funds involved, it was the consensus of the Board to defer
action on this request to allow time for further study of this
proposal. This item is to be placed on the agenda for April 5,
1993.
Chairman Greer expressed appreciation to Ms. Stallings and
former Senator Henson Barnes for an informative presentation.
APPROVAL FOR DEVELOPMENT OF COMMUNITY-WIDE DISASTER TASK FORCE AND
AUTHORIZATION FOR THREE-FOURTHS CLERICAL POSITION TO BE INCREASED
TO A FULL-TIME POSITION FOR THREE WEEKS - DEPARTMENT OF EMERGENCY
SERVICES
Director of Emergency Management, Dan Summers, reported on the
storm of March 13, 1993, and requested the Commissioners to approve
the following items:
Continue the State of Emergency declared on March 13, 1993, at
4:30 P.M.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 363
Authorize the County Manager and Director of Emergency
Management, to delegate a community-wide Disaster Task Force
for assessment of damage.
Transfer $5,000 from Contingencies to the Department of
Emergency Management to provide funding for emergency supplies
and expenses.
Authorize the three-fourths Clerical position to become full-
time for the next three weeks due to the increased workload
with preparing reports and documents that will have to be
provided to state and federal agencies for damage assessments.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to authorize the County Manager and Director of Emergency
Management to delegate a community-wide Disaster Task Force. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Motion: After discussion of the need to have funds available for
emergency supplies and expenses, Commissioner Sisson MOVED,
SECONDED by Commissioner Barone to approve a $5,000 line item
transfer from Contingencies to the Emergency Management Department.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Motion: After discussion of receiving federal reimbursement for
the additional staff hours, Vice-Chairman Mathews MOVED, SECONDED
by Commissioner Sisson to approve the three-fourths Clerical
posi tion in the Emergency Management Department to a full time
posi tion for a maximum of three weeks in order to handle the
increased workload created by the storm. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Commissioner Sisson expressed concern for the lack of
notification to persons with boats and the damage that occurred due
to no advance warning. He recommended that a procedure be
established whereby advance notification will be given to provide
ample time for boat owners to remove boats and place them in a
secure place. Also, a policy should be developed for better
control of sightseers visiting the local beaches during an
emergency event.
Director of Emergency Management, Dan Summers, reported that
the National Weather Service was out of operation on Saturday with
no local weather statements, therefore, no one received advanced
warning of the storm. Normally, announcements are made in advance
allowing persons ample time to remove and protect their boats and
property. As to sightseers, the County cannot override the
jurisdiction of beach communi ties; however, discussion will be held
with each of the beach communities.
BREAK
Chairman Greer called for a break from 10:50 A.M. until 11:05
A.M.
TAX APPEAL FOR DISCOVERY OF REAL AND PERSONAL PROPERTY OWNED BY
CAPE FEAR DEVELOPMENT CORPORATION A.M.E ZION CHURCH
Tax Administrator, Roland Register, reported on the discovery
and stated the Tax Department does not question the ownership of
the Shaw Speaks Community Center by the Cape Fear Conference A.M.E.
Zion Church nor does the Tax Department question the owner being a
religious organization. The Tax Department does, however, question
whether the use of the property qualifies for exemption and whether
the use is gratuitous? After a thorough review of the appeal, the
Tax Department concludes that the primary use of the Shaw Speaks
Community Center is for day care, after school care, athletic
events, and fee-based activities; therefore, the use is not
charitably provided. The actual religious use of space is very
minimal, and not on a regular schedule.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 364
A similar case occurred in Stokes County with the following
court precedents cited by the Staff Attorney:
-Day care, even in a church, does not qualify for exemption.
In addition to the building, the vehicles should be taxed.
-Even if the revenues fund the non-profit entity, the revenues
constitute business revenues and the activity is a business,
not a charity.
-Every owner of property is entitled by the Constitution to
EQUAL PROTECTION. If one day care must pay taxes, whether
they have vehicles or not, then all day care centers should
pay taxes.
The Tax Department recommends that full exemption for the Shaw
Speaks Community Center be denied and that the actual portion
regularly used on the second floor by the A.M.E Zion Church for
management purposes be exempted at a value apportioned by the
County's Appraisal Supervisor. In addition, the vehicles used to
support the day care and after school care should be fully taxed.
Chairman Greer inquired as to whether the appellant would like
to comment. The following remarks were received:
Attorney Franklin L. Block, representing the Shaw Speaks
Community Center, reported the Center is a non-profit organization
sponsored by the Cape Fear Conference A.M.E. Zion Church. As set
forth in their mission statement, the purpose is to help eliminate
the social and economic imbalances of all persons who have limited
access into the mainstream of society. The goal is to help
eliminate the imbalances through a variety of social and economic
programs which will enhance the development of individuals and the
community in which they live.
The Shaw Speaks Community Center operates in a building
located at 708 and 718 South Third Street and is owned by the Cape
Fear Development Corporation A.M.E. Zion Church. This entity is a
North Carolina non-profit corporation, which was registered with
the Secretary of State on December 14, 1970, to acquire and hold
title to church property of all kinds for the benefit of the
members and churches of the Cape Fear Conference A.M. E. Zion
Church.
The building in question was formerly the Brigade Boys Club of
Wilmington and was purchased by the A.M.E. Zion Church in 1985. It
was completely renovated to be used as a non-profit Community
Service Center which would serve the needs of the Cape Fear
Conference and the community in which it was located. The
following programs are operated:
-Shaw Speaks Child Development Center, a licensed center
permitted by the N. C. Department of Human Resources
-Family Life
-Continuing Education
-Theological Education
-Athletics
-Cultural Arts
-Other Community Development Programs
In 1985 the A.M.E. Zion Church applied for and received a
property tax exemption pursuant to N.C.G.S. 105-278.3 as a
Religious Educational Institution. It continued to serve the
community on a tax exempt basis until 1992 when it was notified by
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 365
the New Hanover Tax Administrator's Office that certain vehicles
owned by the Center were subject to County property taxes. In 1993
the New Hanover County Tax Administrator determined that all the
real property used by the Center was subject to property taxes on
the grounds that the primary use of the property is for day care
and that the property is used by others for a fee.
The Cape Fear Development Corporation A.M.E. zion Church
contests this determination and requests the Board of County
Commissioners to find that the real and personal property ln
question is exempt from taxation.
In this case Cape Fear Development Corporation A.M.E. zion
Church is an entity of the Cape Fear Conference A.M.E. Zion Church
which holds and takes title to real property owned by the Church in
the Conference which is not otherwise owned by the membership of a
congregation. This non-profit corporation also stands as
guarantors on Deeds of Trust of the churches in the area serviced
by the Conference. The Shaw Speaks Community Center is a building
owned by the A.M.E. Zion Church, which actually makes all of the
mortgage payments. Therefore, the provisions of N.C.G.S. 105-
2778.3(c) (2) have been complied with.
Also, terms of N.C.G.S. 105-278.3 (a) (2) require that the
property be "occupied gratuitously by one other than the owner".
In this case it is occupied by Shaw Speaks Community Center and
there is no rental paid to the A.M.E. Zion Church for the use of
the property. The debt service on the mortgage is not a part of
the Shaw Speaks Communi ty Center budget. Shaw Speaks then, in
turn, uses the property for the following purposes, all of which
appear to fall within the definition of the statute:
-Shaw Speaks Child Development Center: This center is for an
educational purpose with its objective being education or
instruction of human beings (N.C.G.S. 105-178.3(d) (3).
Although it is compensated in part for these services, either
by the user or by some governmental agency, it remains a non-
profit entity. The tuition charged is $220 per child, per
month plus additional activity costs while the actual cost of
operating the center is about $440 per child per month
including additional activity costs. The difference in the
operating costs is made up by the Cape Fear Conference A.M.E.
Zion Church.
-Familv Life would qualify as a charitable purpose under
N.C.G.S. 105-278.3 (d) (2).
-Continuing Education would quality as an educational purpose
under N.C.G.S. 105-278.3 (d) (3).
-Theological Education would quality as a religious purpose
under N.C.G.S. 105-278.3(d) (1)
-Athletics would qualify as a charitable purpose under
N.C.G.S. 105-278.3(d) (2) and cultural purpose under N.C.G.S.
105-278.3 (d) (5)
-Cultural Arts would qualify as a cultural purpose under
N.C.G.S. 105-278.3 (d) (2).
-Other Community Development Programs would qualify under
N.C.G.S. 105-278.3(d) (2)
The real property and vehicles operated by Shaw Speaks
Community Center are also exempt from taxation under the terms of
N.C.G.S. 105-278.3(c). In this case the vehicles are owned by the
Shaw Speaks Community Center which is a local unit of a church or
religious body. Therefore, N.C.G.S. 278.3(c) is complied with.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 366
The vehicles are then used gratuitously and exclusively by the
Shaw Speaks Development Center in order for them to carry out their
non-profit educational mission. Therefore, the motor vehicles in
question are exempt from property taxes.
There is a contention that parts of the building (kitchen and
gym) have been rented out for a fee and therefore their tax exempt
status is defeated. N.C.G.S. 105-278.4(b) addresses this problem
ln the following manner:
(b) The fact that a building or facility is incidentally
available to and patronized by the general public, so long as
there is no material amount of business or patronage with the
general public, shall not defeat the exemption granted by this
section.
In this case, the A.M.E. Zion Church contends there is no
material amount of business or patronage with the public. In 1992
a total of slightly over 1% of the operating revenue of the center
was generated by outside fees. Much of the revenue came from
church members who rented the gym for such things as wedding
receptions and other church related functions. In any event, the
total amount collected did not materially affect the budget of the
center.
Attorney Block introduced Reverend Jacobs, the Executive
Director of the Shaw Speaks Community Center; Ms. Dorothy Coleman,
Executive Director of the Child Development Center; and Dr. Jack
Manock, a member of the Board of Directors.
Reverend Jacobs, Ms. Coleman, and Dr. Jack Manock reported on
the many programs provided to the community and the needs that are
fulfilled by the Shaw Speaks Community Center. The Center is
supported primarily by grants, the private/public sector; internal
programming; and the Cape Fear Development Corporation A.M.E zion
Church, which provides 50% of the Center's budget annually.
Emphasis was placed on this being a non-profit organization and the
need to continue its tax exempt status.
Tax Administrator Register reported on visiting the Center and
observing the small office area and library on the second floor
which is the actual religious area of the building. The
significant use of the building is for day care which utilizes most
of the ground floor. Day care according to the State is not a
religious purpose. Also, the fee of $220 per month per child is
paid for day care and according to Attorney Block, this is far
short of the actual cost of $440 per child. After contacting
similar day care centers around town, it was found that St. Thomas
charges $270 per month and Creative World charges an average of
$270 per month. The Early Childhood Learning Center, more of a
premium day care with "degreed" teachers charges only $350 per
month. It appears that Shaw Speaks Community Center does not have
a charitable day care; therefore, the Tax Department concludes that
the primary use of the Center is day care, after school care,
athletic events, and fee-based activities and recommends upholding
a taxable status for the real and personal property. The Center is
not fully and exclusively a religious organization and cannot by
law be exempted from paying taxes on real and personal property.
Chairman Greer commented on the intent of the law to provide
a tax exempt status to a religious non-profit organization
providing a needed service to the community and stated in his
opinion the Center falls within these guidelines.
Commissioner Sisson commented on tax audits and stated they
are very much needed to avoid unqualified persons from not paying
taxes. However, the Shaw Speaks Community Center is a charitable
organization that operates as a non-profit agency and utilizes
volunteers to provide day care and other programs to the community.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 367
Motion: Vice-Chairman Mathews commented on the evidence presented
showing that the Shaw Speaks Community Center does not operate as
a "for profit" organization and MOVED, SECONDED by Commissioner
Sisson to uphold the appeal and grant the tax exempt status. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
BREAK
Chairman Greer recessed the meeting for a break from 11:55
A.M. until 12:02 P.M.
TAX APPEAL FOR CIVIL PENALTY SUBMITTED BY RAVI KALIA
Tax Administrator, Roland Register, reported the appellant,
Ravi Kalia, is employed by the University of North Carolina at
Wilmington and claims the Tax Department did not furnish adequate
information on listing procedures and feels the information
provided was misleading which resulted in a delayed payment. As
written in the appeal, Mr. Kalia believes the late payment caused
the $100 penalty when in reality the civil penalty was on his
original bill long before the January 5, 1993 deadline. When the
County began the civil penalty in 1988, the Board of County
Commissioners directed the Tax Administrator to investigate every
appeal. If the person had not previously been discovered, the
Board would release the penalty. If the person had been previously
discovered, the Board would not release the penalty. The appellant
was discovered for not listing his vehicle in 1991 and again in
1992. On the second offense, the civil penalty was applied;
therefore, the Tax Department recommends upholding the penalty as
done by previous Boards.
Mr. Ravi Kalia expressed concern for the manner in which he
received notification for listing his vehicle and reported on the
unfairness of the $100 penalty due to a totally confusing listing
process. A paper trail was presented on the notification procedure
and according to Mr. Kalia the communication and notification of
the Tax Department was extremely poor. As a new citizen moving
from California where all vehicles are automatically listed, it was
very confusing to work with the Tax Department's vehicle listing
procedure. Also, when requesting an appeal, he was notified that
the appeal would be heard by the Board of County Commissioners on
Monday, March 15, 1993, until Thursday, March 10, 1993; therefore,
in his opinion with the amount of confusion involved and the poor
notification process, the penalty should be released.
Chairman Greer commented on the vehicle not being listed in
1991 and inquired as to why the vehicle was not listed in 1992?
Mr. Kalia reported that he assumed once the vehicle was
registered and listed, he would automatically be listed and billed
for 1992 taxes.
Commissioner Barone commented on the poor notification and the
statement printed on the tax form, which reads as follows, "if the
information is correct, you do not need to respond" and she
expressed concern for this verbiage being very confusing.
Tax Administrator Register reported the N. C. Department of
Revenue recommended usage of this verbiage in order to avoid
slowing down the listing process. This clause has been on the
listing form since 1988.
Motion: Commissioner Barone MOVED to release the $100 penalty
assessed due to the amount of confusion with the notification
process. THE MOTION FAILED DUE TO NOT RECEIVING A SECOND.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to uphold the recommendation of the Tax Administrator and
assess the penalty as charged. Upon vote, the MOTION CARRIED AS
FOLLOWS:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 368
Voting Aye: Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Barone
BUILDING PERMIT FEE SCHEDULE TO REMAIN UNCHANGED
Director of Inspections, Sky Conklin, presented a revised
Building Permit Fee Schedule increasing building permits only for
all structures except single family homes less than 1,200 square
feet. The increase in fees is accomplished by raising the per
square foot cost factor from $43.00 to $46.00, $49.00 and $58.00 as
the house increases in size. For example, a 1,500 square foot
house, two full baths, and a 440 square foot attached garage under
the current Building Permit Schedule would be valued at $74,620.
Under the proposed schedule, the value would increase to $79,120;
therefore, when adding all permitting fees together, the cost would
increase from $407 to $425.
For commercial construction the per square foot cost factor
has been taken from the N. C. Southern Building Code. The permit
fee would now be calculated at $4.00 per thousand dollars of value
instead of $3.75 per thousand dollars of value. For construction
of a 20,000 square foot commercial metal pre-engineered building
divided into five businesses with each business receiving 4,000
square feet and 1,000 of the 4,000 square feet used for office
and/or retail over-the-counter space with the remaining 3,000
square feet for storage, the building permit under the current
schedule would cost $2,174 and under the proposed schedule would
cost $2,315.
The increased schedule is presented in support of the
projected Inspections Department Budget for FY 1993-94 in keeping
with the County's policy to have the Inspections Department largely
supported by permitting fees. If the County Commissioners decided
to fund the Fire Code Enforcement Division from Fire District tax
funds, this recommendation could be withdrawn.
Mr. Steve Aten, President of the Home Builders Association,
reported on the cooperative working relationship between the Home
Builders Association and the Inspections Director and staff. He
commented on the Inspections Department being unique since its
operational costs are funded almost solely from fees collected.
Based on next year's projected growth rate in construction and the
figures presented in the proposed FY 1993-94 Budget, building
should continue to expand and the amount of fees collected should
exceed the operational costs; therefore, the proposed increase in
the Building Permit Fee Schedule or any other fees should remain
unchanged.
Chairman Greer inquired as to whether the Inspections
Department totally funded itself last year from fees collected?
Inspections Director Conklin reported that the Inspections
Department fell short of completely funding itself by $3,600.
Discussion was held on the need to upgrade the telephone
system and hire another Zoning Enforcement Officer. Chairman Greer
asked Mr. Aten if he felt another Zoning Enforcement Officer was
needed?
Mr. Aten responded that given a choice, he would immediately
upgrade the telephone system and then hire another Zoning
Enforcement Officer.
Chairman Greer expressed appreciation to Mr. Aten for his
input and requested that he inform the Home Builders Association
that the County desires to work with the builders, and if specific
needs arise, it would be helpful to receive their input.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 369
Commissioner Barone commented on the Zoning Board of
Adjustment, which is composed of members representing all facets of
the community, and recommended utilizing their services for review
of all Zoning Regulations to see if they can be streamlined, or if
the turn around time can be shortened before hiring another
Enforcement Zoning Officer.
Commissioner Sisson reported that the Zoning Board of
Adjustment serves as the body to hear appeals from decisions
rendered by the Chief Zoning Enforcement Officer under the present
Zoning Ordinance. The Planning Board is more qualified to review
the Zoning Regulations. Several years ago, a blue ribbon advisory
board was appointed to review the Zoning Regulations to prepare
revisions that would update the code; however, no action was taken
on these recommendations.
After further discussion of community participation,
Commissioner Barone recommended contacting the commercial sector to
receive their input.
Consensus: It was the consensus of the Board to allow the Building
Fee Permit Schedule to remain unchanged and fund the Fire Code
Enforcement Division from the Fire Service District Budget.
APPROVAL OF RECOMMENDATIONS SUBMITTED BY THE HUMAN SERVICES
ALLOCATION ADVISORY COMMITTEE FOR FUNDING OF COMMUNITY BASED
ALTERNATIVES PROGRAMS
Budget Director, Cam McAbee, presented the following
recommendations of the Human Services Allocation Advisory Committee
for funding of Community Based Alternatives (CBA) programs and
stated due to a possible 2% reduction in State funds, the
recommendations have been presented at 98 and 100 percent levels:
CBA Agency
FY 93-94
Request
FY 93-94 - 98%
Recommendation
FY 93-94 - 100%
Recommendation
Cape Fear Inner
City Outings
$ 17,000
-0-
-0-
Crisis Line
Open House
$ 85,000
$ 70,000
$ 70,000
Juvenile
Restitution
$ 37,075
$ 37,075
$ 37,075
Project 1st Stop
$ 21,588
$ 20,000
$ 42,399
$ 21,588
$ 13,673
$ 20,679
$ 21,588
$ 17,000
$ 20,679
Youth Connection
Juvenile Psycho-
logical Services
TOTAL
$223,062
$163,015
$166,342
If funding is available at the 100 percent level, the
Committee is recommending that Youth Connection use $2,000 of the
CBA funding to contract with Inner City Outings to provide services
to their clients. Youth Connection is a combination of the former
Family Services Big Buddy and After School Enrichment programs.
The Commissioners were requested to approve the funding
recommendations presented by the Human Services Allocation Advisory
Committee and authorize the County Manager to execute the FY 1993-
94 grant agreements for the CBA Programs.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the CBA funding recommendations at 100% or 98%
as submitted by the Human Services Allocation Advisory Committee
and authorize the County Manager to execute the FY 1993-94 grant
agreements. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 370
APPROVAL OF CONTRACT #93-0305 WITH DAVID SIMS & ASSOCIATES
CONSULTING ENGINEERS FOR DESIGN OF AN UPGRADED HEATING AND COOLING
SYSTEM IN THE NEW HANOVER COUNTY COURTHOUSE AND APPROVAL OF BUDGET
AMENDMENT #93-0149
Property Management Director, Winfred Simpson, reported on
problems being experienced with the heating and cooling system at
the New Hanover County Courthouse due to failure of the pump/well
system in delivery of groundwater of sufficient quantity and
quality to run the system. An estimate has been obtained in the
amount of $161,000 to tie the system into the Law Enforcement
Center system. Almost one-half of that cost would be work on the
Law Enforcement Center cooling towers which must be done regardless
of the need to upgrade the system for the Courthouse. Staff
recommends award of a contract to David Sims & Associates
Consulting Engineers for design of the new system with approval of
the accompanying budget amendment. If the system is not replaced
soon, there will be no cooling or heat in the building because of
the sludge build up in the pipes from the well to the heat
exchanges.
The following figures were presented:
New Gas Boiler Installation
Modification of Existing Circulation Pumps
New Booster Pumps Installed
Installation of 6" Pipe
Installation of Cooling Tower - 240 Tons
Miscellaneous Expenses
Engineering
Subtotal
Contingency 12%
TOTAL PROJECTED COST
$12,000
8,000
11,000
11,000
75,000
15,000
8,000
140,000
21, 000
$161, 000
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve the $8,000 engineering design contract with David
Sims & Associates Consulting Engineers for upgrading the heating
and cooling system for the New Hanover County Courthouse and to
approve the following Budget Amendment. The final award of the
contract for purchase and installation of the system will be
approved when the cost has been determined and bids have been
advertised and received. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
BUDGET AMENDMENT
County Commissioners' Office - Property Management Department
93-0149
Debit
Credit
County Commissioners' Office
Appropriated Fund Balance
$161,000
Property Manaqement Department
Contracted Services
$161,000
Purpose: To transfer funds from Fund Balance to the Department of
Property Management/contracted services to upgrade the heating and
air conditioning system in the Courthouse.
POSTPONEMENT OF REVISIONS TO CHAPTER 7, SOIL EROSION AND
SEDIMENTATION CONTROL ORDINANCE IN THE NEW HANOVER COUNTY CODE
County Manager O'Neal reported that County Engineer, Wyatt
Blanchard, was not able to attend the meeting; therefore, the Board
may wish to postpone this item.
Motion: Chairman Greer MOVED, SECONDED by Commissioner Barone to
postpone this item for consideration at a future meeting. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 371
DISCUSSION OF LEGISLATIVE ISSUES
County Manager O'Neal presented the following
discussion and requested the Commissioners to formulate
and write a letter to each member of the Legislative
informing them of the Board's position on each bill.
bills for
an oplnlon
Delegation
Opposition to House Bill 120 - Revision of the Open Meetings Law
After discussion of the need to call Executive Sessions for
personnel matters, land acquisition, and attorney-client matters it
was concluded that enactment of this amendment will very negatively
impact local governments in the handling of personnel matters. It
is felt that costly lawsuits will be filed and that the cost of
acquiring property will increase.
Opposition to House Bill 121 - Revision of the Pubic Records Law
After discussion, it was concluded that the County will incur
additional costs with being required to provide information in the
format requested.
Motion: Commissioner Barone MOVED, SECONDED by
Mathews to oppose House Bill 120 and House Bill 121
revisions are not in the County's best interest.
opened for discussion.
Vice-Chairman
feeling these
The floor was
Commissioner Sisson expressed concern for holding Executive
Sessions on items that can be discussed in public and stated he is
not completely opposed to the bill. He recommended limiting the
reasons that a Board can go into Executive Session.
Chairman Greer called for a vote on the MOTION to oppose House
Bill 120 and House Bill 121. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Voting Nay: Commissioner Sisson
Opposition to Senate Bill 399 - Enactment of a "State Ethics Act"
Discussion was held on the intent of the proposed bill being
good, but it was concluded that a person's character cannot be
legislated.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to oppose Senate Bill 399. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Opposition to House Bill 159 - No Excuse Absentee Voting
Discussion was held on the fact that voting is a privilege and that
persons should be willing to wait in line, if necessary to vote.
Further discussion was held on the additional costs that will be
incurred by the County for the administration of this program.
Motion: Vice-Chairman Mathews MOVED, SECONDED
Barone to oppose House Bill 159 due to additional
be incurred by the County. Upon vote, the
UNANIMOUSLY.
by Commissioner
costs that would
MOTION CARRIED
Support of Senate Bill 78 Primary Date Change to the First
Tuesday in September
Discussion was held on the benefits that would be received by
shortening the election process, particularly in reducing the costs
to candidates seeking election to public offices. Also, it was
felt that reducing the amount of time would generate more interest
and increase the number of candidates running for elected
positions.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 372
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson
to support Senate Bill 78 feeling that shortening the political
process would be beneficial to all persons involved. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF RESOLUTION TO APPLY FOR SECTION 18 FUNDS FOR NEW
HANOVER TRANSPORTATION SERVICES
Assistant to the County Manager, patricia Melvin, requested
adoption of a resolution to apply for funding under the Section 18
Capi tal Assistance Program of the Federal Transit Act of 1991
administered by the N. C. Department of Transportation for the
purchase of three new vehicles (2 lift-equipped, 1 standard).
These vehicles are needed to provide non-emergency transportation
to the elderly, disabled, medical eligible pregnant women,
dependent children, veterans, and other special populations.
The grant application is in the amount of $78,350 with $54,845
contributed from federal funds; $11,753 contributed from State
funds; and local matching funds of $14,227.
Discussion was held on the Southeastern Center withdrawing its
participation. This withdrawal has resulted in decreasing the
miles driven and the loss of four vans which has prevented the
system from growing as rapidly as anticipated.
Commissioner Sisson commented on the loss of mileage which has
increased the cost per mile from $1.12 to $1.32 and recommended
working with the Southeastern Center to continue to utilize
Transportation Services for transporting Veterans to the
Fayetteville Veterans' Medical Center which would be more cost
effective and beneficial to the transportation system.
County Manager O'Neal responded that staff will discuss this
matter with the Southeastern Center.
Motion: After further discussion, Commissioner Sisson MOVED,
SECONDED by Vice-Chairman Mathews to adopt the resolution to apply
for Section 18 funding. The Chairman was authorized to execute the
necessary documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit XX, Page 24.
MEETING RECESSED TO HOLD A MEETING OF THE WATER AND SEWER DISTRICT
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to convene from Regular Session to hold a Regular Meeting of the
New Hanover County Water & Sewer District. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Greer convened from Regular Session at 1:25 P.M.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer convened from Regular Session at 1:35 P.M.
MEETING RECESSED FOR LUNCH
Chairman Greer recessed the meeting for lunch from 1:36 P.M.
until 2:05 P.M.
EXECUTIVE SESSION
Chairman Greer requested an Executive Session to discuss a
legal matter.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to convene from Regular Session to Executive Session. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 373
Chairman Greer convened from Regular Session at 2:05 P.M.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer reconvened to Regular Session at 2:50 P.M.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Approval of Utility Easement to Carolina Power & Light Company for
River Road Park
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to grant an easement to Carolina Power & Light Company for
the provision of electrical service for area lights and restrooms
ln the River Road Park. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the easement deed lS on file ln the Legal
Department.
Adoption of Resolution Authorizing the County to Apply for a Land
and Water Conservation Fund Grant for Development of Castle HaYne
Park
Assistant County Manager, Dave Weaver, requested adoption of
a resolution authorizing the County to apply for a Land and Water
Conservation Fund grant through the N. C. Department of
Environment, Health and Natural Resources in the amount of $45,500
with a County match of $45,500 for development of the Castle Hayne
Park. The funds will come from the bond proceeds.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to adopt the resolution authorizing the County to apply for the
Land and Water Conservation Fund grant in the amount of $45,500
with a County match of $45,500 for development of Castle Hayne
Park. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 24.
Adoption of Proclamation Declaring the Week of March 21-27, 1993 as
"RESPECT FOR LAW WEEK" in New Hanover County
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to adopt a proclamation declaring the week of March 21-27,
1993 as "RESPECT FOR LAW WEEK" in New Hanover County. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 24.
DISCUSSION OF LEASE AND BY-LAWS OF NEW HANOVER REGIONAL MEDICAL
CENTER
Chairman Greer stressed the importance of the Board of County
Commissioners working more closely with the Hospital Board of
Trustees. Emphasis was placed on the fact that the Commissioners
are not interested in becoming involved with the daily operation of
the hospital, but that the Board does have concern for some items
that need to be addressed.
An outline was presented on the present control of the Board
of Trustees and the present Lease Agreement. Emphasis was placed
on this board being treated as all other boards that are appointed
by the County Commissioners. Also, it was concluded that the lease
should be specifically written to protect the County's ownership of
real and personal property if the lease is terminated. The County
does not want to experience problems that have recently been
incurred with the termination of the lease with the North
Wilmington Volunteer Fire Department.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 374
The following action was taken:
TERMS OF TRUSTEES: It was generally felt that the Trustees should
be appointed to the same length of terms as are all other boards
appointed by the County Commissioners. The Trustees are now
appointed to five (5) year terms with no one serving more than one
consecutive full term without a break of at least one full year.
Recommendation: The Commissioners recommend reducing the term to
three (3) years with each member being eligible for reappointment
to another three (3) year term. No member is to serve more than
two consecutive three (3) year terms.
REMOVAL OF A TRUSTEE: Presently, no Trustee can be removed from
the Hospital Board without a recommendation from the Board of
Trustees for cause. After a lengthy discussion on what defines
"for cause" and the situations that have occurred in the past, it
was felt that the Board of County Commissioners should have
authority to remove a Trustee.
Recommendation: The Board of County Commissioners can remove a
Trustee by unanimous vote.
RENT: The current annual rent for the hospital building and
grounds lS one dollar ($1.00). Discussion was held on the debt
serVlce paid by the County on the General Obligation Bonds.
Recommendation: Increase annual rent payment to an amount equal to
the debt service payment of outstanding hospital General Obligation
Bonds.
LEASE AGREEMENT
The current lease between the County and New Hanover Regional
Medical Center is for five (5) years with the requirement that the
County give 120 days written notice of intent to terminate the
lease and that such notice shall be given after holding a public
hearing.
Recommendation: The Commissioners recommend reducing the written
notice of termination to 90 days notice with deletion of the public
hearing requirement.
The current lease does not specifically address the
disposition of real and personal property if the lease should be
terminated.
Recommendation: The Commissioners recommend specifically stating
that in the event the lease is terminated, all the real and
personal property (real estate, equipment, cash, etc.) would be
owned by New Hanover County.
OWNERSHIP OF REAL PROPERTY: Currently, all buildings on county
property are owned by New Hanover County. Any titles (i. e. ,
equipment, other property) acquired by New Hanover Regional Medical
Center are owned by New Hanover Regional Medical Center. Concern
was expressed for all property not being in the name of New Hanover
County.
Recommendation: All real property owned by New Hanover Regional
Medical Center should be transferred into New Hanover County's
name.
Discussion was held on the following topics with the
conclusion that no changes are needed: (1) approval of the
hospital's annual budget by the County Commissioners; (2) approval
of hospital borrowing, incurring, assuming, or guaranteeing
indebtedness by the County Commissioners; (3) approval of hospital
rates, fees, or charges by the County Commissioners; (4) County
approval required for hiring of auditors, architects, and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MARCH 15, 1993
BOOK 23
PAGE 375
management consultants; (5) extent to which the hospital should be
allowed, without County approval, to dispose of hospital facilities
and other assets.
After further discussion, Commissioner Barone recommended
scheduling quarterly meetings with the Hospital Board of Trustees
to effectively communicate and discuss hospital concerns.
It was generally agreed that more joint meetings should be
held and that this item should be presented at the joint meeting
scheduled for March 18, 1993.
Chairman Greer, again, emphasized the importance of working
cooperatively with the Hospital Board of Trustees and pointed out
the time and effort given by the Trustees in overseeing the
operation of New Hanover Regional Medical Center.
ADJOURNMENT
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 3:35 P.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board
.
.
.
~
MINUTES OF REGULAR MEETING, MARCH 15, 1993
PAGE 375
management consultants; (5) extent to which the hospital should be
allowed, without County approval, to dispose of hospital facilities
and other assets.
After further discussion, Cq!IDllissioner Barone recommended
scheduling quarterly meetings with the Hospital Board of Trustees
to effectively communicate and discuss hospital concerns.
It was generally agreed that more joint meetings should be
held and that this item should be presented at the joint meeting
~cheduled for March 18, 1993. ' '
Chairman Greer, again, emphasized the importance of working
cooperatively with the Hospital Board of Trustees and pointed out
the time and effort given by the Trustees in overseeing the
operation of New Hanover Regional Medical Center.
ADJOURNMENT
Motion: Commissioner Caster MOVED, SECONDED by Commissioner Barone
to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 3:35 P.M.
Respectfully submitted,
~0/~
Lucie F. Harrell
Clerk to the Board
~